HB 2146 -
By Committee on Government Operations & Elections
ADOPTED 04/17/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 35.91.020 and 2006 c 88 s 2 are each amended to read
as follows:
(1) Except as provided under subsection (2) of this section, the
governing body of any city, town, county, water-sewer district, or
drainage district, hereinafter referred to as a "municipality" may
contract with owners of real estate for the construction of storm,
sanitary, or combination sewers, pumping stations, and disposal plants,
water mains, hydrants, reservoirs, or appurtenances, hereinafter called
"water or sewer facilities," within their boundaries or (except for
counties) within ten miles from their corporate limits connecting with
the public water or sewerage system to serve the area in which the real
estate of such owners is located, and to provide for a period of not to
exceed ((fifteen)) twenty years for the reimbursement of such owners
and their assigns by any owner of real estate who did not contribute to
the original cost of such water or sewer facilities and who
subsequently tap onto or use the same of a fair pro rata share of the
cost of the construction of said water or sewer facilities, including
not only those directly connected thereto, but also users connected to
laterals or branches connecting thereto, subject to such reasonable
rules and regulations as the governing body of such municipality may
provide or contract, and notwithstanding the provisions of any other
law.
(2)(a) The contract may provide for an extension of the ((fifteen))
twenty-year reimbursement period for a time not to exceed the duration
of any moratorium, phasing ordinance, concurrency designation, or other
governmental action that prevents making applications for, or the
approval of, any new development within the benefit area for a period
of six months or more.
(b) Upon the extension of the reimbursement period pursuant to (a)
of this subsection, the contract must specify the duration of the
contract extension and must be filed and recorded with the county
auditor. Property owners who are subject to the reimbursement
obligations under subsection (1) of this section shall be notified by
the contracting municipality of the extension filed under this
subsection.
(3) Each contract shall include a provision requiring that every
two years from the date the contract is executed a property owner
entitled to reimbursement under this section provide the contracting
municipality with information regarding the current contract name,
address, and telephone number of the person, company, or partnership
that originally entered into the contract. If the property owner fails
to comply with the notification requirements of this subsection within
sixty days of the specified time, then the contracting municipality may
collect any reimbursement funds owed to the property owner under the
contract. Such funds must be deposited in the capital fund of the
municipality.
(4) To the extent it may require in the performance of such
contract, such municipality may install said water or sewer facilities
in and along the county streets in the area to be served as hereinabove
provided, subject to such reasonable requirements as to the manner of
occupancy of such streets as the county may by resolution provide. The
provisions of such contract shall not be effective as to any owner of
real estate not a party thereto unless such contract has been recorded
in the office of the county auditor of the county in which the real
estate of such owner is located prior to the time such owner taps into
or connects to said water or sewer facilities."
HB 2146 -
By Committee on Government Operations & Elections
ADOPTED 04/17/2009
On page 1, line 2 of the title, after "facilities;" strike the remainder of the title and insert "and amending RCW 35.91.020."
EFFECT: Makes a technical amendment. The conditions for extension of the fifteen-year reimbursement period are amended to apply to the twenty-year reimbursement period.